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Alternate Dispute Resolution System
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2016 Examination
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LLB 3 years Sem 6 Alternate Dispute Resolution System May 2016 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the May 2016 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2016 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2016 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer in two to three lines
20 Marks - 2 marks each
(a)Which disputes are arbitrable?[2]
Answer
An arbitrable dispute is one that the law allows to be decided by arbitration. Most disputes about private rights between the parties qualify. Examples are a breach of contract, a claim for money or damages, a commercial dispute and a partnership account. Some disputes the law reserves for courts or special forums. The Arbitration and Conciliation Act, 1996 accepts this: Part I "shall not affect any other law ... by virtue of which certain disputes may not be submitted to arbitration" (section 2(3)). An award on a non-arbitrable subject may be set aside (section 34(2)(b)(i)), and a foreign award on one may be refused enforcement (section 48(2)(a)).
Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd., (2011) 5 SCC 532. The Supreme Court gave "well recognized examples" of non-arbitrable disputes. They are criminal offences, matrimonial disputes, guardianship, insolvency and winding up, testamentary matters, and eviction or tenancy under special statutes. The reason is that these involve rights in rem, good against the world, rather than rights in personam between the parties. A mortgage suit for sale was held not arbitrable.
Vidya Drolia v. Durga Trading Corporation, AIRONLINE 2020 SC 929. Three Judges laid down a four-fold test. A dispute is not arbitrable where it is an action in rem, or affects third-party rights needing centralised decision. Nor is it where it concerns sovereign functions of the State, or is barred by a mandatory statute. Landlord-tenant disputes under the Transfer of Property Act were held arbitrable.
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